Dismissal

Quite simply, dismissal is when your employer ends your employment.

If you are dismissed, your employer must show that they have:

• a valid, justifiable reason for your dismissal;
• acted reasonably in the circumstances

They must also:

• be consistent – for instance, they cannot dismiss you for doing something that other employees do and aren’t dismissed for;
• have investigated the situation fully before dismissing you – So, if a complaint was made about you, they have to investigate it first before dismissing you.

Generally, you must be given at least the notice period stated in your contract or the statutory minimum notice period, whichever is longer.

There are some circumstances where you can be dismissed immediately – for instance for violence.

You also have the right to ask for a written statement from your employer, providing the reasons why you’ve been dismissed. This applies if you’re an employee and have completed 2 years’ service. Your employer must then supply the statement within 14 days of being asked for it.

If you are dismissed while you are on Statutory Maternity Leave, your employer must give you a written statement regardless:

• of whether you’ve even asked for one
• of how long you’ve worked for your employer

For further details, and further info information on the different types of dismissals, please see the links below, or alternatively, feel free to speak to one of our Employment Solicitors today.

• Appeal Against Dismissal
• Compensation in Unfair Dismissal Claims
• Constructive Dismissal
• Dismissal Claims